The council has been asked if it's acting in contravention of a European court's ruling in relation to planning policy.
Independent councillor Maura Healy-Rae asked the local authority about the Flemish Decree Ruling, during a discussion on a draft of the Kerry County Development Plan 2022-2028 recently. In 2007 the European Commission issued an infringement notice against Ireland in relation to the “local needs” criteria in guidelines for planning authorities in relation to housing.
The European Court of Justice ruled that a requirement to demonstrate “a sufficient connection” to an area constituted an unjustified restriction on fundamental freedoms.
Councillor Maura Healy-Rae asked Kerry County Council was it acting illegally, as the court's ruling hasn't been acted upon in planning policy.
The council says the Department of Housing, Planning and Local Government has indicated its intention to revise guidelines from 2005; however, in the interim, there is an obligation on planning authorities to ensure the policy remains in place pending a review by the department.
The local authority says rural housing policy must be consistent and comply with national policy.
